how to go about expunge a felony without a lawyer

File a petition for expungement. Once you've determined that you're eligible, file a petition with the courthouse. You'll have to pay a fee, and you'll have to wait for the court to process your paperwork.

Full Answer

How do you stop someone from getting a felony expunged?

You can file online, either in person or online. The numerous law enforcement agencies involved in your criminal proceedings, including state police and prosecutors, will receive your notification and also have a chance to object. If a hearing is arranged, go to court. Even if you really are eligible, the court will not instantly approve the request.

How much does it cost to have a felony expunged?

Criminal record expungements are a legal process. But like all legal processes, any citizen could technically do it themselves. Pro se legal representation is the term used for those who choose to advocate on one’s behalf before a court, rather than being represented by a lawyer. This may occur in any court proceeding, whether it be defending oneself in a murder case, filing a patent …

How would I go about getting a felony expunged?

You can file online, in person or by mail. The various law enforcement agencies involved in your criminal cases, including prosecutors and the state police, will receive a notice of your filing and have a chance to object. Go to court if a hearing is scheduled.

What felonies cannot be expunged?

Dec 23, 2019 · In the case of an expungement, after going through all of the court proceedings, an individual’s records will be sealed, or their felony itself will be taken off the record. This is typically only available for those convicted of a felony for the first time, and it’s much easier to accomplish with more minor crimes or for those who were underage when the crime was committed.

How much does it cost to expunge your record in Texas?

What felonies Cannot be expunged in Texas?

How much does it cost to expunge a felony in California?

How long does it take to expunge a felony in California?

How long do felonies stay on your record in Texas?

How do you get a felony off your record in Texas?

How do you get felonies expunged?

Can I clear my criminal record after 5 years?

How can I clear my criminal record?

What felonies Cannot be expunged?

What crimes Cannot be expunged in California?

Can a convicted felon own a gun after 10 years in California?

How to expunge a felony?

Steps to Expunge a Felony Conviction. The steps to expunge a felony conviction first require determining whether the felony qualifies and then filing a petition with the court. If your prior felony conviction was for a lower-level offense like theft, you have a better chance of expunging your records. If your conviction was for a higher-level type ...

Can a felony be expunged?

The answer is no, only qualifying felonies can be expunged. If your prior felony conviction was for a lower-level offense like theft, you have a better chance than you would for felony sex offenses. Similarly, the courts are less likely to help you if you have an extensive criminal history.

How long does it take to get a felony expunged?

The procedure to expunge a felony can take between three months to almost a year depending on the court and the severity of your case. If it’s accepted, you could walk out with a clean slate.

Who is Jeffrey Johnson?

Jeffrey Johnson is a legal writer with a focus on personal injury. He has worked on personal injury and sovereign immunity litigation in addition to experience in family, estate, and criminal law. He earned a J.D. from the University of Baltimore and has worked in legal offices and non-profits in Maryland, Texas, and North Carolina. He has also earned an MFA in screenwriting from Chapman Univer...

Can a court clerk give legal advice?

The court clerk or website for the court in the county where you were arrested can often direct you to information about necessary qualifications, as well as the appropriate forms and filing process. The clerk cannot give you legal advice regarding your case.

What happens if you are found guilty of a crime?

For most people, it’s no surprise that any time you’re found guilty of a crime, the information lands on a written report regarding your history with the judicial system. But even if you’re eventually found innocent, the details about your arrest remain on the record. Having your criminal convictions or arrests expunged removes those details from the prying eyes of potential landlords, employers and others interested in your background. Expunction doesn’t always completely erase your past, however, since many states allow judges and law enforcement agencies to access confidential records.

Who is Sandra King?

Sandra King uses her life experience as a small business owner, single parent, community volunteer and obsessive traveler to write about a variety of topics . She holds degrees in communication and psychology and has earned certificates in medical writing, business management and landscape gardening.

Can a felony be expunged?

Not every felony is eligible for expungement, and the types of felonies that are eligible differ from state to state. For example, in California , you cannot expunge a felony unless the prosecutor had discretion to charge the crime as a misdemeanor instead.

Can you get an expungement in Michigan?

In Michigan, if you qualify for expungement, your conviction will not be available to the public. In California, an expungement acts as a dismissal. Therefore, the conviction will still be available to the public, but your record will reflect the fact that your conviction was dismissed.

Is a knife a felony?

Prosecutors and judges have discretion on how to charge that crime based on the circumstances. Stabbing someone with a knife is likely to earn a felony charge, while swinging a wine bottle at someone and missing is more likely to be charged as a misdemeanor.

What does expungement mean?

Expungement is a process by which you hide an arrest or conviction from your record, which means you will not have to disclose it to potential employers, landlords, or others. Every state manages your criminal record differently, so be sure you understand your state's policy.

Can you have your record sealed?

Consider having your record sealed instead. If you are not eligible to have your record expunged, you may be able to have it sealed. When a court “seals” a criminal record, access to the record is restricted, and it is no longer publicly available.

What is a certificate of rehabilitation?

A certificate of rehabilitation is a court order stating that your criminal history is a thing of the past. However, unlike expungement, it will not erase the felony conviction and it will not allow you to state that you have no criminal record.

Can you have a felony in Texas if you have not been convicted?

Even if you have not been convicted in Texas, you can still have a felony record-once charged. Once the felony is recorded it continues. Having a felony record can be difficult to do what most people take for granted: rent a house, mortgage, ...

Can you clear criminal records in Texas?

Consequently, clearing up a criminal history in Texas is legally allowed and is easier than many might think. Many people qualify for the ‘strike out’ of their Texas criminal records. Others can free their future from a past criminal record by filing a “Confidentiality Petition” with their local Texas court.

What is a petition in Texas?

Here, the criminal defendant submitted a special document known as “petition” to the appropriate court in Texas. It requires the judge to agree to destroy all documents related to the arrest and prosecution by the law enforcement agency involved. Fees may be charged per Texas law.

What are the consequences of a felony in Texas?

The Consequences of a Felony Record. A felony is a serious crime, such as robbery, rape, and severe assault, causing serious personal injury. Even if you have not been convicted in Texas, you can still have a felony record-once charged. Once the felony is recorded it continues. Having a felony record can be difficult to do what most people take ...

Can you file a complaint with the Texas Criminal Court?

Suppose you meet the specific legal provisions of the Criminal Code. In that case, you can successfully file a complaint with the Texas Criminal Court to delete or stamp your felony record. After the record is deleted or sealed through a private order, all your rights will be restored. For instance, if you are questioned whether you have a felony conviction, you can lawfully respond, “No.”

Can you seal a misdemeanor in Texas?

Misdemeanors. If you have a misdemeanor in your Texas criminal record, you may be able to seal it. Like burglary or theft. If your misdemeanor case is not on this list, you can seal it immediately after completing the probation. You must be on probation for at least two years before the crime can be sealed.

How long do you have to be on probation to seal a misdemeanor in Texas?

If your misdemeanor case is not on this list, you can seal it immediately after completing the probation. You must be on probation for at least two years before the crime can be sealed.

Can you get a felony expunged?

Most states don’t allow expungement of serious, violent felonies . Some states do not allow you to expunge felonies at all. If you live in a state where this is true, you will have to work to get your felony reduced to a misdemeanor, and then you could possibly get that misdemeanor expunged.

Do you have to pay for expungement?

In many states you’ll have to present police and court records about your felony when you file for expungement. You probably will have to pay fees for certified copies of those documents. You also will need copies of your criminal history and fingerprint records from the arresting police department.

What happens if you have a felony on your record?

Having a felony on your record can cause serious problems even after you’ve served your sentence. Felons may have difficulty finding a job, renting an apartment or getting higher education. You may pay higher insurance premiums or higher interest on credit cards.

How many states allow expungement of a felony?

Find out if expungement is available in the state where you were convicted. Expungement acts to dismiss the felony, almost as though it never happened. Only 16 states allow expungement of a conviction.

How long does it take to get a felony off your record?

If you want to get your record sealed, which means it’s hidden from the general public but still exists, you'll have to wait at least a few years after your conviction.

How long do you have to wait to get your conviction expunged?

Make sure the required time has elapsed since your conviction. Depending on the state, you might have to wait several years after your conviction before you can file to have your record expunged. The length of time you have to wait can depend on several factors, including your age and the severity of the crime.

What happens if you are pardoned?

If you are pardoned, the conviction will remain on your record. However, a notice will be added, stating that you’ve been pardoned (forgiven) for committing the crime.